Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Plea of guilty

117D: Accused who pleads guilty must be informed if he or she has right to elect trial by Court Martial

You could also call this:

"If you plead guilty, you get to choose how your case is heard."

Illustration for Armed Forces Discipline Act 1971

If you plead guilty, the commanding officer must tell you if you have the right to choose a trial by Court Martial. They must inform you that you can choose either a trial by the Court Martial or for the commanding officer to proceed under subpart 4. The commanding officer will give you time to think about your choice and let you talk to a lawyer if possible. If you want, the hearing can be delayed for at least 24 hours to give you time to think. The commanding officer must also give you a reasonable amount of time to consider your options and talk to a lawyer if it is reasonably practicable to do so. You will have the opportunity to consult a lawyer about your choice if it is reasonably practicable to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096750.

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117C: Consideration of whether accused who pleads guilty should be given right to elect trial by Court Martial, or

"Should you get to choose a Court Martial trial if you plead guilty?"


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117E: Accused who pleads guilty must be punished in certain circumstances, or

"What happens if you plead guilty to a charge in the Armed Forces"

Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Plea of guilty

117DAccused who pleads guilty must be informed if he or she has right to elect trial by Court Martial

  1. If the commanding officer, detachment commander, or superior commander considers under section 117C that he or she should give the accused the right to elect trial by the Court Martial, he or she must—

  2. inform the accused that the accused has the right to elect either—
    1. trial by the Court Martial; or
      1. for the commanding officer, detachment commander, or superior commander to proceed under subpart 4; and
      2. adjourn the hearing and give the accused a reasonable period to consider the accused’s election; and
        1. give the accused the opportunity to consult a lawyer in respect of the accused’s election if it is reasonably practicable to do so.
          1. The period of adjournment under subsection (1)(b) must be at least 24 hours if the accused wishes it.

          Notes
          • Section 117D: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).